KIOBEL DUTCH WRIT: THE OGONI 9 SHOW TRIAL

The numbered paragraphs below are extracted from the English translation of a 138 page Writ of Summons served on Royal Dutch Shell companies on 28 June 2017 by Dutch Human Rights law firm Prakken d’Oliveira. They represent four widows including Esther Kiobel who hold Shell liable for the murder of their husbands individual Ogoni leaders now known collectively as the ‘Ogoni Nine‘. MOSOP Chairman Ken Saro-Wiwa was one of the group. For the purpose of this online publication, the footnotes are indicated in red text.

THE OGONI 9 SHOW TRIAL

4.1 Introduction

62. In 1994 a large-scale military operation known as “Operation Restore Order in Ogoniland” took place in Ogoniland.62 The aim of this operation was to restore order by breaking the resistance of MOSOP. The regime set up a special paramilitary unit for this that took charge of the military operation, which would last for months and during which crimes against humanity were committed on a large scale. The paramilitary unit, the Rivers State Internal Security Task Force (RSISTF), came under the leadership of Paul Okuntimo, a lieutenant colonel with a notorious reputation and ties to Shell.63

63. As part of “Operation Restore Order in Ogoniland”, 15 Ogoni leaders were arrested in the months following May 1994, including Barinem Kiobel, Baribor Bera, Nordu Eawo and Paul Levula. The arrests followed the murder of four traditional Ogoni leaders at a meeting in Giokoo, a village in Ogoniland. From the outset the regime was clear that it suspected these men of involvement in the murders. More than 18 months later, on 10 November 1995, nine of the fifteen who were arrested, Barinem Kiobel, Ken Saro- Wiwa, Baribor Bera, John Kpuinen, Saturday Dobee, Nordu Eawo, Daniel Gbooko, Paul Levula and Felix Nuate, were executed following a trial that came to be known as the Ogoni 9 trial. In the absence of any evidence against the suspects and because of the clearly corrupt nature of the judicial process the international community condemned the executions as judicial murder

64. It soon became clear that multiple human rights had been violated during the trial and the executions that followed it.64 This was later confirmed by the African Commission on Human and Peoples’ Rights, which determined that Nigeria violated art. 1, 4 through 7, 9 through 11, 16 and 26 of the African Charter (exhibit 217: African Commission on Human and Peoples rights, Nigeria: International Pen and Others (on behalf of Saro- Wiwa) v Nigeria (2000)).

4.2 Arrests

4.2.1 Kiobel

65. On 19 May 1994 Kiobel was invited by the traditional leader of Giokoo, Gbenemene J.P. Bagia, to attend a meeting at the palace of the Gbenemene in Giokoo on 21 May 1994 as a speaker. Kiobel had at that time just been appointed Commissioner for Commerce, Industry and Tourism of Rivers State, having previously spent a long time living in the United Kingdom. In his early months as Commissioner he repeatedly expressed criticism of the actions of the regime and Shell towards the Ogoni population.

66. When Kiobel arrived in Giokoo at 10.00am on 21 May 1994, the meeting proved not to have started yet, so he returned home. Later that day he sent a motorcyclist to Giokoo to see whether the meeting had started. The motorcyclist told him that he had been unable to reach the palace because the area around it was full of angry young protesters. There was a rumour that Saro-Wiwa had been arrested by the army.

67. Kiobel immediately set off for Giokoo in an effort to calm things down, but the crowd of young people wanted nothing to do with him; stones were thrown at him and he was beaten. He decided to report the incident to the authorities, where he is asked to return to the palace to calm the young people down. Kiobel returned to Giokoo, where he was briefly able to talk to Bagia, but was soon sent away by the young people because he was a “Komo and Abacha agent”. He was forced to take flight. He did not know at this point that four traditional Ogoni leaders – Edward Kobani, Albert Badey, Samuel Orage and Theophilus Orage – had been murdered at the meeting where he was supposed to speak.65

68. The reason for the murders was said to be a schism within MOSOP. From the spring of 1993 disagreement had arisen between Garrick Leton (at that time president of MOSOP) and Saro-Wiwa, including whether they should negotiate with Shell and the regime and whether the forthcoming national elections should be boycotted. Saro-Wiwa had set up new organisations under the umbrella of MOSOP, including the youth movement National Youth Council of Ogoni People (NYCOP). According to Leton, Saro-Wiwa was doing this to take over control within MOSOP; he and Edward Kobani then stepped down from the presidency and vice-presidency.66 They were succeeded by Saro-Wiwa and Ledum Mitee, as a result of which a rift emerged in MOSOP between the Leton faction on the one hand and the Saro-Wiwa faction on the other. While it has never been established who committed the murders, the regime responded to the emerging split, in so far as it cannot be held accountable for creating it.67 It was said to be NYCOP members who wanted to settle with their opponents (called ‘vultures’)68 for good on 21 May 1994, urged on by Saro-Wiwa and Kiobel.

69. One day after the murders the Military Administrator of Rivers State, Lt. Col. Dauda Musa Komo, gave a press conference, which was broadcast live on television, to report that the parties guilty of the murder of the four Ogoni leaders were being arrested at that moment. He opened the press conference with a fierce anti-MOSOP speech, in which for example he said the following:

“Ogoni is bleeding and not by federal troops […], but by irresponsible and reckless thuggery of the MOSOP elements which as I’ve said must stop immediately and I therefore call on you to report accurately these events and to stop you being used as propaganda tools conveniently for some dictators like Ken Saro Wiwa”.69

70. Then it was the turn of Alhaji Mohammed Kobani, the brother of the murdered Edward Kobani, to speak. He revealed his injuries and Komo gave him every opportunity to refer to the part that Kiobel was supposed to have played:

“But before the arrival of these people, the commissioner [Kiobel] who were making the arrangements to receive came, you know, and viewed the environment there and left without a word. […] Dr. Barinem Kiobel came back the second time and I […] saw him addressing NYCOP group, there was a shout: “o shobey, hee!” twice like that, then he left.”70

71. Kobani said that there was no intention that Kiobel would be present at the meeting: “So I keep wondering why the commissioner came their twice. I know he is a staunch member of NYCOP. He is a leader of NYCOP”.71 In response to the question from one of the journalists that it seemed on the basis of Kobani’s testimony that “one of your commissioners may have played a leading role in this incident”, Komo said: “I think I’ve made it clear that if anybody is involved, whether he’s a commissioner or not, we’ll arrest him”.72

72. Kiobel was arrested shortly after and was eventually locked up at Bori Camp, the headquarters of Okuntimo’s RSISTF, together with the others under arrest.

73. On 3 June 1994 Kiobel wrote a letter to Komo in which he pleaded his innocence and begged him to order his release. He also asked Komo to withdraw the army from Gokana: “This appeal is made because of indiscriminate shootings, killing of innocent persons including small children, old men and women thus making Gokana desolate.”73 Komo ignored Kiobel’s plea and on 29 July 1994 advised him that he had been relieved of his position as Commissioner.74

67 In any event, Shell regards the role of the regime in this light, see exhibit 70: Telex Philip Watts to SIPCand SIPM, 11 May 1993, in which he states: “Politically, it would appear that the government has succeeded in creating a split in the Ogoni solidarity […]. This is yet to be proven”.

68 This term would have an important part to play during the Ogoni 9 trial. It refers to individuals who were under the influence of Shell and the regime. According to MOSOP, most of the witnesses in the Ogoni 9 trial for example were under the influence of Shell and the regime, see chapter 8.6.1.

Disclosure: The lead claimantEsther Kiobel,Channa Samkalden of the Dutch human rights law firm Prakken d’Oliveira representing the widows, and the acclaimed human rights organisation Amnesty International, have all acknowledged the involvement of John Donovan in bringing this case.

Shell blanket denial: Shell’s blanket denial of any responsibility for the ‘Ogoni Nine’ executions and related events/allegations can be read here.

SHELL BLOG

Comments

Bogus Group: Further to my post on this blog, 28 August'17, there may be some interest an an article in yesterday's Upstream "Trial set for clash of LNG players".

TotallyHackedOff: Shell - as I am sure with many global super majors- is heavy with narcissists at all levels. Lots of people like Trump rollicking around- get in their way and you’re a gonner! See you later Rexy baby!

TotallyHackedOff: In reply to Bonus Group and Another Concerned Employee- its clear reading from your posts that Shell and BG shared many business cultural similarities making the tie-up an obvious one. I know of a few Shell employees who resigned, joined BG and are now back at Shell again- it stinks of a plant/trojan horse ending! It is well known that Shell has an 'inner circle' and if you find yourself outside that as many of the technical folk do, you don't stand a chance. Its all a bit wink, wink nudge, nudge. I even remember one manager (now a VP of something) telling me how I needed to 'read between the lines' which made me think it was all a load of bollocks and how the politically adept arse kissers rose through the ranks blissfully unaware of how their actions impacted their colleagues. The alpha men and women were all the same- keen to get ahead at anyones expense and doing secret backroom deals. Its one ginormous playground and the bullies will win as they are keeping the other bullies in place.

Bonus Group: 'Another Concerned Employee'talks about Shell's 'scooby-doo' business priciples, BG's were just as opaque. If you asked someone in HR about policy you would be deflected to 'The Portal' and left to fend for yourself. Often the policies conflicted with each other and had no foundation in law. This was reflected in the hypocritical management 'do as I say, not as I do' policy.
The closest experience most of BG Senior Management had of oil rigs and platforms was reading about them in comic books. The Brasil Asset was a complete shambles with its 'Simple Simon' approach to geoscience and cappuccino lifestyle. Unfortunately, most of these overpaid sociopaths migrated to Shell and are waiting, mouth's open for their next bonus. Shell must be trying hard to find ways to cover up grotesque errors in reserves booked by this Asset. Hopefully, Shell's assurance process is better than BG's with its £2Bn failure.

Yet Another Concerned Employee: Carillion, for whom the bell tolls! Remarkable that a Shell Executive should have a finger in this pie with its aggressive auditing practices. More 'pulling the wool' over the shareholder's eyes. Were the auditors asleep at the wheel when this was happening? There should be a full investigation, and those responsible made accountable. Perhaps, sunny Brunei is a safe haven? I wonder what the extradition treaties between the UK and Brunei are?

Another Concerned Employee: Shell HR finds it easy to overlook its fake scooby doo business principles whenever it suits them. A number of staff implicit in OPL and the spin doctors trying desperately to cover up the crisis are still on payroll. It won't surprise anyone that Ceri was one of Brinded's loyal lapdogs during his dictatorship. Also no surprise she landed such a sweet job in Brunei.

Concerned Employee: Not sure if you know but..
Cerie Powell - ex EVP exploration now MD Brunei Shell Petroleum was a non exec director of Carillion (now in liquidation). She resigned once she was demoted to Brunei in 2016 (?) but given the news around the legacy issues involving Carillion, should she really hold a senior position in Shell Group ?

Bonus Group: It is understandable that a niche now exists in the market for a company similar to BG Group, but for Neptune Energy to set its aim at emulating and becoming like BG is nothing short of horrifying. Why anyone should wish to recreate the inept management, twisted HR policies and rancid technical half truths of BG Group in order to deceive the shareholders is beyond comprehension. If they do, then the Serious Fraud Office should be on the alert. Sammy 'two pools', whose past remit included selling Enterprise Oil to Shell, rather than ENI is made of sterner stuff. That said, his nuclear ambitions did fall somewhat short of those of Kim Yong Un. Let's wish Neptune Energy a long, scandal free future and greater integrity than bungling BG with its House of Cards and flamboyant ineptitude.

Bogus Group: Following the acquisition of Engie the Financial Times headline “Neptune Energy sets aim on being the next BG Group” may have sent a chill through some. To think there could possibly be a rise from the ashes is an alarming prospect
However there was some comfort in the company chairman statement “We have the opportunity to take the time to get it right”.
Hopefully this means their Ethics and Compliance foundation will actually be more than just another policy open to distortion by misconduct.

Bill Campbell: Is the New York City case against Oil Companies justifiable or just hot air?

Many, if not all prestigious US scientific journals estimate largest source of air pollution in US is caused by vehicle emissions. Current estimates that US has some 260 million automobiles and 11 million trucks. It is the daily emissions from these vehicles that are the cause of scientific concern. But anybody visiting Florida, and following a construction truck, will be familiar with black smoke in copious amounts emitting from the vertical exhaust pipe, sometimes it's so bad it can restrict your vision but Florida is not the only state of the US that does not require emission control, there are many more, monitoring for example (like a UK vehicle MOT) is not legally required or carried out.

So perhaps De Blasio should start suing these delinquent states.

In any case, I find the whole matter ludicrous in a country, where their President claims that human activity is not related in any way to global warming and appoints a head of EPA who is also so inclined (a man described by NY Times as an arsonist in the Fire Station) so why does Shell et all not call as witnesses in their defence the current EPA Director, or otherwise why does De Blasio not start by suing those states that allow millions of vehicles to pollute the atmosphere daily.
Bill

Bonus Group: Further to my last post on this blog. Sound Energy have now arranged a slap-up bean feast for their shareholders to be held on 15th February at Grace Hall, Leadenhall Street, London. Drinks at Carriages afterwards. Dress is formal so don't expect too energetic a food fight. Attendees must pay for their own tickets! All will be revealed about the new Coro strategy. You may recall that Sound shareholders will receive Coro shares as a result of the divestment of Sound's Italian assets. The question is whether Sound shareholders will end up in the soup.

Bonus Group: There are rumblings in the ether about Rockhopper Exploration plc having failed to perform Due Diligence with integrity in respect of their purchase of the Italian focused company Mediterranean Oil and Gas (MOG) in 2014, and in particular MOG's asset, the Ombrina Mare oil field.
Following the decision in February 2016 by the Ministry of Economic Development not to award the company a production concession covering the Ombrina Mare field, the company has considered its legal options with regard to obtaining damages and compensation from the Republic of Italy for breaching the Energy Charter Treaty (ECT).
Could this have anything to do with the sudden and unexpected departure of Rockhopper's Chief Operating Officer, one 'Good Time' Fiona MacAuley? Fiona, a Chartered Geologist, started her career with Mobil North Sea Limited in 1985 and has subsequently held key roles in a number of leading oil and gas firms across large mid and small cap E&Ps including BG and Hess.
Fiona is now Chief Executive Officer of Echo Energy plc where Stephen Whyte (also ex BG) is a Non-Executive Director, previously having been Chairman of Sound Energy. Fiona will also become a Non-Executive Director of Saffron Energy plc. It is proposed that Saffron acquires Sound Energy's portfolio of Italian interests and permits through the acquisition by Saffron of Sound Energy Holdings Italy Limited (SEHIL). SEHIL holds all of Sound Energy's Italian oil and gas interests through its own wholly owned subsidiary, Apennine Energy SpA (APN). It is proposed that Saffron will be renamed Coro Energy plc.
This is yet another 'reverse takeover' by the Sound Energy/Echo Energy Team. The share options for the directors are raining on them like confetti. Could there be bonuses in store for the Directors of this association of companies where the paint is never allowed to dry?
Plenty of 'smoke and mirrors' and wool being pulled over the shareholders' eyes in this can of worms.

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